A First Book of Jurisprudence for Students of the Common LawMacmillan, 1896 - 348 pages |
Contents
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Common terms and phrases
A. V. Dicey Act of Parliament action agreement appear artificial person authority binding Blackstone bound called century citizens civilised claim Common Law commonly consent consequences considered constitution contract corporeal things Court of Appeal custom decisions definite disposal distinct doctrine duties and rights easement edition effect England English law enjoyment example exercise exist express F. W. Maitland fact French House of Lords intention interest judges judgment judicial jurisdiction jurisprudence kind king's land law merchant Law Reports legal rules legislation liability limited Lord Campbell matter means ment merely modern law moral motive natural negative duties obligation opinion owner ownership particular parties political possession possible practice principles private law purpose question railway reason recognised regard relations Roman law rules of law seems sense sovereignty speak statute system of law tion treated usage words writers wrong
Popular passages
Page 237 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void; and therefore in 8 E.
Page 97 - Omne autem ius quo utimur vel ad personas pertinet, vel ad res, vel ad actiones.
Page 330 - Conflicts of Capital and Labour Historically and Economically considered. Being a History and Review of the Trade Unions of Great Britain, showing their Origin, Progress, Constitution, and Objects, in their Political, Social, Economical, and Industrial Aspects.
Page 238 - Lastly, acts of parliament that are impossible to be performed are of no validity : and if there arise out of them collaterally any absurd consequences, manifestly contradictory to common reason, they are, with regard to those collateral consequences, void.
Page 256 - From that time we all know the great study has been to find some certain general principles, which shall be known to all mankind, not only to rule the particular case then under consideration, but to serve as a guide for the future. Most of us have heard these principles stated, reasoned upon, enlarged, and explained, till we have been lost in admiration at the strength and stretch of the human understanding...
Page 236 - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws, concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime, or criminal: this being the place where that absolute despotic power, which must in all governments reside somewhere, is intrusted by the constitution of these kingdoms.
Page 241 - It was once said — I think in Hobart — that, if an Act of Parliament were to create a man a judge in his own case, the Court might disregard it. That dictum, however, stands as a warning, rather than an authority to be followed.
Page 303 - Our common law system consists in the applying to new combinations of circumstances those rules of law which we derive from legal principles and judicial precedents; and for the sake of attaining uniformity, consistency, and certainty, we must apply those rules, where they are not plainly unreasonable and inconvenient, to all cases which arise...
Page 76 - Practice" in its larger sense — the sense in which it was obviously used in that Act, like ' ' procedure ' ' which is used in the Judicature Acts, denotes the mode of proceeding by which a legal right is enforced, as distinguished from the law which gives or defines the right, and which by means of the proceeding the Court is to administer the machinery as distinguished from its product.
Page 234 - That which is done by this consent is called firm, stable and sanctum, and is taken for law. The parliament abrogateth old laws, maketh new, giveth orders for things past and for things hereafter to be followed, changeth rights and possessions of private men, legitimateth bastards, establisheth forms of religion, altereth weights and measures, giveth forms of succession to the crown, defineth of doubtful rights, whereof is no law already made, appointeth subsidies...